actio de effusis vel dejectis

in Roman law the action against an occupier for double damages where a person suffered as a result of things poured or thrown from a building, no matter who expelled them. In Scotland, it is argued that this represents a special head of recovery of damages, as opposed to a penalty. The courts have preferred to treat such cases on the basis of negligence: Gray v. Dunlop, 1954 SLT (Sh. Ct) 75.